Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.

ForewordPart I – Preliminary study on counter-terrorism and human rights in the case law of the European Court of Human RightsIntroduction1. Terrorism and the right to life1.1. Nature, main features and substantive content of the right to life1.2. The procedural limb of Article 22. The prohibition of torture2.1. Absolute nature of the prohibition2.2. Difference between torture and inhuman or degrading treatment2.3. Substantive limb of Article 32.4. Procedural limb of Article 32.5. New forms of violation of Article 33. The right to liberty and security3.1. Possible reasons for detention in relation to the fight against terrorism3.1.1. Imprisonment following conviction by a competent court3.1.2. Detention of reasonable suspicion of a terrorist act3.1.3. Detention for unlawful entry, deportation or extradition3.2. Conditions of detention in terrorism cases3.2.1. Reasons for detention3.2.2. Delays in bringing terrorism suspects to court3.2.3. Detention must be properly authorised3.2.4. Justifying pre-trial detention3.2.5. Habeas corpus3.2.6. Legal representation3.3. Asylum, refoulement, expulsion and deportation in terrorism cases3.3. Detention of alien suspected terrorists3.3.2. Guarantees offered by the receiving state concerning potential treatment contrary to Article 3 ECHR3.4. Terrorism and detention with a view to extradition4. The right to a fair trial4.1. The right to a hearing within a reasonable time by a tribunal4.2. The right to a hearing by an independent and impartial tribunal established by law4.3. Presumption of innocence4.4. The right to remain silent and not to incriminate oneself4.5. The right to have adequate time and facilities to prepare one’s defence and the right to defend oneself personally or through legal assistance4.6. The right to a fair and public hearing4.7. The relation between Articles 6 and 13 of the European Convention on Human Rights: the right to an effective remedy5. Nullum crimen, nulla peona sine lege5.1. The terrorist offence and its punishment should be defined in the law in clear terms5.2. Non-retroactivity of the criminal law6. The right to private and family life6.1. Limitation of rights enshrined in Article 86.1.1. Possibility of access to a detained person6.1.2. Privacy of correspondence between a detainee and his/her lawyer in terrorism-related cases6.1.3. Secret surveillance6.1.4. Personal integrity6.1.5. Home searches6.1.6. Interference with the right to family life from immigration decisions, expulsion or refoulement of an individual suspected of terrorist activities6.2. Deprivation of rights enshrined in Article 8 of the Convention7. Freedom of expression7.1. Hate speech7.2. Relevance of freedom of expression for politicians7.3. Freedom of the press8. Freedom of assembly and association, and the right to stand for election8.1. Freedom of association8.2. The right to stand for election9. Concluding remarks

Bibliography

Part II – A selection of terrorism-related cases heard by the European Court of Human Rights

Terrorism has become one of the major threats facing both states and the international community, in particular after the terrorist attacks in the United States, Madrid and London, which revealed a whole new scale and dimension of the phenomenon. An effective response is absolutely necessary; this response, however, cannot undermine democracy, human rights, the rule of law or the supreme values inherent to these principles.There is no universally agreed definition of "terrorism", nor is there an international Jurisdiction before which the perpetrators of terrorist crimes can be brought to account. The European Court of Human Rights is the first international Jurisdiction to deal with such a phenomenon. For many decades and through more than four hundred cases, it has elaborated a clear, integrated and articulated body of case law on responses to terrorism from a human rights and rule of law perspective. Thus, this is a handbook on counter-terrorism with a special focus on due respect for human rights and rule of law.This book compiles the doctrine laid down by the European Court of Human Rights in this field with a view to facilitating the task of adjudicators, legal officers, lawyers, international IGOs, NGOs, policy makers, researchers, victims and all those committed to fighting this scourge. The book presents a careful analysis of this body of case law and the general principles applicable to the fight against terrorism resulting from each particular case. It also includes a compendium of the main cases dealt with by the Strasbourg Court in this field and will prove to be a most useful guiding tool in the sensitive area of counter-terrorism and human rights.